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2004 Supreme(P&H) 290

SWATANTER KUMAR, AMAR DUTT
Kirandeep D/o Harwinder Singh And Another – Appellant
Versus
Chandigarh Rowing Association – Respondent


Judgment

1. Every person from whichever walk of life he comes from, is entitled to ex debito justitiae, of course, with the exception of droit ne done pluis que soit demaunde. Indispensable conditions to administrative action are fairness and adherence to rules governing the subject. Infringement of these rudiments would normally invite judicial criticism and the Courts would be obliged to remedy the wrong by granting necessary relief to the person concerned. Reference in some elucidation to the concept of fairness in administrative action is necessary in the present case as the principal contention raised on behalf of the petitioners is a challenge to the action of the respondents in electing the team for Coxless Fours event for participation in the Junior National Rowers Championship, which was to be held in March, 2004 on the ground of arbitrariness and discrimination.

2. The Hon ble Apex Court in the case of State of Punjab V/s. V. K. Khanna (2000) 5 Serv LR 734 : (AIR 2001 SC 343) enunciated the law that administrative action should be free from malice, beyond reasonable suspicion and should satisfy the test of real likelihood. Their Lordships held as under :-

"The concept of f














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